Critics could mount a legal challenge to De Pere's ordinance prohibiting employers, businesses and landlords from discriminating against people based on gender identity and expression.
USA TODAY NETWORK-Wisconsin

DE PERE - A Brown County judge has determined a De Pere ordinance barring discrimination based on gender identity infringes on the religious freedom of local churches.

The ordinance, approved by the De Pere City Council last year, prohibits employers, businesses and landlords from discriminating against people based on gender identity or expression. The protections cover those who identify as transgender and gender non-binary.

A group of five churches and Lakeshore Communications, which owns Christian radio station Q90FM, filed a lawsuit in February seeking exemption from the ordinance. The churches that are party to the lawsuit are Hope Lutheran, Crosspoint, Destiny, St. Mark Lutheran and Christ the Rock.

On Friday, Judge William Atkinson ruled the policy infringes on the churches' freedom of religion and said they shouldn't be considered public accommodations that would be subject to the ordinance's mandates.

The ruling echoed one of the primary arguments brought forward by the churches' attorneys. They also contended the churches and Q90FM should be free to hire employees that align with their mission and beliefs.

In their original complaint, the churches and radio station pointed to religious doctrine that prohibits same-sex marriage and considers gender dysphoria a "disorder of creation." The complaint also noted that Christ the Rock Church requires people to use bathrooms that correspond to their biological sex, excluding a single-use restroom open to anyone.

The city, however, argued the claims were too "hypothetical and remote," as the ordinance had yet to be applied to the churches and radio station. City attorneys also noted in court documents that churches engage in community activities that fall outside of regular worship, and thus could be considered a public facility at times.

The city did concede that the radio station is a private operation and not governed by the ordinance.

De Pere's ordinance does provide some exceptions for religious groups, saying it doesn't prohibit them "from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons."

The definition of public accommodation, meanwhile, does not apply to institutions or clubs that are "distinctly private."

A written order on the decision is pending. De Pere city attorney Judy Schmidt-Lehman declined to comment Monday, saying it wouldn't be appropriate to do so until the City Council can review the judge's order.

Kevin Snider is the chief counsel for the Pacific Justice Institute, a nonprofit that says it focuses on the defense of religious liberties. It is classified as an anti-LGBT hate group by the Southern Poverty Law Center.

Snider helped defend the churches and Lakeshore Communications. He said his clients are "gratified and relieved" by the decision, particularly at a time of year when churches are providing community programs for the holidays.